ACMA finds 2GB presented material in a misleading manner by giving improper emphasis to the material and by editing that material out of context
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improper emphasis to the material and by editing that material out of
context
The Australian Communications and Media Authority has found that
Harbour Radio Pty Ltd, the licensee of commercial radio service 2GB
Sydney, breached the Commercial Radio Codes of Practice 2004, by
presenting material in a misleading manner by giving improper emphasis
to the material and by editing that material out of context.
ACMA received two complaints from the Baulkham Hills Shire Council
relating to the Mornings program hosted by Ray Hadley. The complaints
concerned the presenter's repeated broadcast of an excerpt of a
Council 'question time recording' in which the Mayor of Baulkham Hills
Shire Council is heard addressing a fellow councillor.
Under clause 2.2(d) of the code, material must not be presented in a
misleading manner by giving wrong or improper emphasis or by editing
out of context.
In response to the breach finding, the licensee indicated that it
would bring the findings of the investigation report to the attention
of all 2GB presenters and producers. The licensee also indicated that
it would cease to use the question time recording during any broadcast
of any program on its station.
ACMA notes the actions taken by the licensee in response to the breach
finding and will closely monitor licensee's ongoing performance
against this provision of the code.
A copy of the investigation report is available on the ACMA website
Media contact: Donald Robertson, ACMA Media Manager on (02) 9334 7980.
Backgrounder
ACMA conducts various types of investigations under the Broadcasting
Services Act 1992 (the Act). Investigations under Part 11 of the Act
are conducted in response to complaints received by ACMA relating to a
possible breach by:
* a licensed broadcaster of the Act, the regulations, a licence
condition, a class licence or a code of practice; or
* the ABC or SBS of a code of practice.
If a person wishes to complain about something of concern they have
seen or heard on a program broadcast by a radio or TV station, and the
matter is covered by a code of practice, the person must, by law,
first make a written complaint to the station.
However, if a complaint relates to a matter covered by a licence
condition, the person can complain directly to ACMA and need not
complain to the station first.
There is a different code of practice for each broadcasting sector,
and each code of practice contains a section that explains the
complaints process that applies to that sector.
As some codes impose time limits for complaints, it is advisable that
persons who wish to make a complaint write to the radio or TV station
as soon as possible. For instance, the code of practice that applies
to commercial television broadcasters enables them to decide to not
respond in writing to complaints that are made more than 30 days after
the date of broadcast.
When making a complaint to ACMA, persons must provide a copy of their
complaint to the station, a copy of the station's reply if this has
been received, and any other relevant correspondence with the station.
ACMA takes all complaints seriously (except for those that are
frivolous or vexatious or not made in good faith) and acknowledges in
writing all complaints.
For qualifying complaints, ACMA considers the information provided and
offers the relevant station an opportunity to provide its
perspectives. When all relevant information is available, ACMA
assesses the complaint against the relevant licence condition or code
of practice. When an investigation is completed, ACMA is required to
notify a complainant of the results of an investigation under Part 11
of the Act. The form this notification is to take is not specified in
the Act - sometimes it is in the form of a letter, but more usually it
takes the form of a more formal investigation report, which is
provided to both the complainant and the licensee concerned.
Generally, personal or private information provided in a complaint,
including name and address details, are not disclosed to the licensee
concerned if it is a licence condition matter. However, as code
complaints are first made to a licensee, code complaints are usually
made available to the licensee concerned. ACMA's usual practice is to
not provide personal or private information in an investigation
report.
Under the Act, ACMA has discretion whether or not to publish the
report of an investigation conducted under Part 11 of the Act. ACMA is
not required to publish an investigation report if publication would
disclose matter of a confidential character or likely to prejudice the
fair trial of a person. If ACMA intends to publish an investigation
report that may adversely affect the interests of a person, ACMA must
give the person an opportunity to make representations in relation to
the matter.
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